Magzene Terms and Conditions

End-user Licence Agreement (EULA)

This document is a legal agreement between you (you) and Magzene Ltd of Four Oaks House, Four Oaks House
160 Lichfield Rd, Sutton Coldfield, West Midlands B74 2TZ (us or we) for Magzene (App).

We licence use of the App to you on the basis of this document and subject to any rules or policies applied by any appstore provider, from which you downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.

Important notice:

By downloading the App you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the privacy policy defined in condition 1.5 and limitations on liability in condition 6.

If you do not agree to the terms of this licence, we will not license the App to you and you must stop the downloading process now.

ACKNOWLEDGEMENTS

The terms of this document apply to the App or any of the services accessible through the App (Services), including any updates or supplements, unless they come with separate terms, in which case those terms apply.

We may change these terms at any time by notifying you of a change when you next start the. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.

From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices.

The terms of our privacy policy from time to time, available at www.magzene.com/privacy.html (Privacy Policy) are incorporated into this document by reference. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

GRANT AND SCOPE OF LICENCE

In consideration of you agreeing to abide by the terms of this docuemnt, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this docuemnt by reference. We reserve all other rights.

You may download or stream a copy of the App to view, use and display the App on the Devices for your personal purposes only.

LICENCE RESTRICTIONS

Except as expressly set out in this document or as permitted by any local law, you agree:

(a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

(b) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

(c) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

(i) is used only for the purpose of achieving inter-operability of the App with another software program;

(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

(iii) is not used to create any software that is substantially similar to the App; together Licence Restrictions.

ACCEPTABLE USE RESTRICTIONS

You must:

(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this document, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;

(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with the terms of this document.

You acknowledge that you have no right to have access to the App in source-code form.

LIMITATION OF LIABILITY

We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Our maximum aggregate liability under or in connection with this document (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £250,000 This does not apply to the types of loss set out in condition 6.3.

Nothing in this document shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation; and

(c) any other liability that cannot be excluded or limited by English law.

TERMINATION

We may terminate this document and your use of the App immediately by written notice to you:

(a) if you commit a material or persistent breach of this document which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and

(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under this document to another organisation, but this will not affect your rights or our obligations under this document.

If we fail to insist that you perform any of your obligations under this document, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of this document operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Please note that this document, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.